February 27, 2024

Legal Advisors

Lawyers, Legal Advisors, Law Firm, Nepal

Wildlife Reserve Rules, 2034 (1977)

9 min read

Amendment :
Wildlife Reserve (First Amendment) Rules, 2042 2042.06.21 (7/10/1985)
In exercise of the powers conferred by Section 33 of National Parks and
Wildlife Conservation Act, 2029 (1973), the Government of Nepal has framed the following Rules

1. Short Title & Commencement

(1) These Rules may be called “Wildlife Reserve Rules, 2034”.
(2) These Rules shall come into force immediately

2. Definition :

Unless the subject or context otherwise requires in these  Rules,
(a) “Act” means National Parks and Wildlife Conservation Act, 2029  (1973).
(b) “Reserve” means the Wildlife Reserve declared under the Act.
(c) “Warden” means the chief officer of the reserve
(d) “Assistant warden” means Assistant warden of the reserve

3. Boundaries of Reserve :

The boundaries of the Reserve shall be as  declared by the Government of Nepal by publishing a notice in Nepal Gazette, pursuant to Section 3 of the Act.

4. Entry into the Reserve :

(1) The person desiring to enter into the reserve or to make camping into the reserve shall take the admission
card as pursuant to Schedule – 2 by paying (submitting) the fees pursuant to Schedule – 1.
(2) Notwithstanding anything contained in Sub-rule (1) No charge shall be paid for walking through the reserve by the person using the road facility pursuant to Rule 19 after obtaining permission from the  concerned entry post of the reserve.
(3) The warden may allow to enter free of charge to a team of educational or any other institutions desiring to make study trip in the reserve.

5. The entry into the reserve to be one’s own liability :

If any type of harm, damage or injury or even the death has been occurred to the  person entered into the reserve whether taking a permit or without permit, the Government of Nepal shall not be liable for the  compensation of such harm, damage, injury or death.

6. Prohibited Activities within the reserve :

No person without  obtaining a written permission from the warden if he/she has present and if the warden has absent, then from the assistant warden and if both of them has absent then from any employee assigned by the Government of Nepal shall be allowed to perform the following activities within the   reserve :–
(A) To build or possess any type of house, huts, residence or any other structures,
(B) To occupy any land, to clear (cut) or damage the plants or to cultivate, to farm or to grow or harvest any crops,
(C) To graze (pasture) domestic animals or birds or to feed water to them,
(D) To cut, fell down, remove, obstruct or trim the trees, plants, bushes or any other forest products or to perform any activity for drying out the forest products, to set fire in the forest products or  to harm in any other form.
(E) To hult for a night or to camp or to set fire in any place,

(F) To Excavate stone, sand or mine or to remove any minerals, earth or other such materials,
(G) To take out trophy or dried or fresh flesh (meat) of any wildlife,
(H) to stop or divert a river, stream or any source of water flowing  within the reserve or to use any harmful or explosive substances in those resources

7. Prohibited goods to be possessed or carried :

No person without  reading a written permission from the warden, if he/she has present if  warden has absent than from the assistant warden and if both of them  has absent then from any employee assigned by the Government of Nepal, shall be allowed to carry, to possess (keep) or to use the following goods with him/her while entering or remaining with in the reserve or passing (walking) through the road prescribed as pursuant to  Rule 19.
(A) A bow, a spear (spike), a trap (darjan), a snare (knotted trapping rope) a trapping net (Jaal), an obstacles, a catapult or any other weapon (Arms and Ammunitions) which may case wound or may  fire bullets, poison, explosives or any devices which uses them, (B) Trophy or dry or fresh flesh (meat) of any wildlife.

8.  Prohibition for making damage :

(1) No damage shall be caused to the plants, herbs or any other objects within the reserve by setting a fire or any other activity within or outside the reserve.
(2) No damage shall be caused to the road, bridge, scaffold (Machan), house, office building, fence, sign boards or any other objects  within the reserve

9. Prohibition for hunting wildlife or birds and for destroying the egg, nest or hives of the birds or insects :

Except in the situation of receiving a permit as pursuant to the Act, no person shall be allowed to  hunt, chase or frighten any wildlife or birds or to kill, catch or injure any wildlife, birds, insect or to remove, destroy or disturb the eggs, nest or hives of any birds or insects within the reserve, without obtaining  (receiving) a written permission from the warden if he/she has present, if warden has absent of the assistant warden and if both of them has absent  then from any employee assigned by the Government of Nepal.

10. Prohibition on fishing without permission :

No fishing or hunting of other aquatic animal shall be allowed in the springs or ponds within the reserve without obtaining a permit as pursuant to Schedule – 3 and by paying the fee as pursuant to Schedule – 1 and after making  commitment to follow the terms and conditions prescribed by the warden.

11. Prior Approval of the Government of Nepal to be obtained (taken) :

If anyone desires to perform any research activities within the reserve, he/she may be allowed to perform by taking prior approval of the Government of Nepal and in that case he/she shall submit one copy of his/her research to the Government of Nepal.

12. Prohibition on posting or keeping an advertisement :

No person shall be allowed to post or keep any type (form) of sign board, notice or advertisement or other similar poster within the reserve, except than these to be used for Government functions

13. Prohibition to paly musical instruments :

No radio, tape record or musical instruments shall be allowed to play in other places, except in the Government office’s building and other similar place.

14. Prohibition on making (producing) waste :

No person shall be allowed to make (produce) or throw the waste within the reserve

15. Prohibition on throwing Toxic substances :

No person shall be  allowed to throw any type (forms) of pesticides or chemical substances  or narcotic or poisonous substances inside the reserve or from outside the reserve making (causing) it to reach inside the reserve or to put or spray in the river, spring or any other water resources that has been flowing through the reserve or to put in any other form causing (making) it to reach inside the reserve

16. Terms (condition) to be followed while driving vehicles inside the reserve :

The person driving a vehicle inside the reserve shall drive a vehicle under the following terms and conditions :–
(A) No vehicle more than Five ton of weight shall be allowed to drive,
Provided that, The Government of Nepal may provide permission for driving a vehicle of more than Five ton if a construction work related to any Government project has to be done within the reserve.
(B) No vehicle shall be driven or parked by obstructing the traffic for vehicles, pedestrians or other goods,
(C) No horn shall be played or no vehicle shall be driven in more than prescribed speed,
(D) If any road has been closed pursuant to Sub-rule (3) of Rule 19, then no vehicle shall be driven on such road.

16A. The part of highway lying inside the reserve to be remained  open :

The part of highway which is passing through (inside) the reserve, shall remain always open for the vehicle of any weight. Anything mentioned in Rule 7 shall not be considered that it has obstructed to carry all the goods that has remained in the vehicles which has been passing through the highway after checking in the entry post and even to carry the licensed weapon which is in his/her possession.

17. Sign or mark to be followed :

All the vehicle drivers shall obey (follow) the sign or mark made by the employee of the reserve as
according to any sign mark that has been kept to refer such sign or mark  within the territory (area) of the reserve

18. Prohibition on Traffic :

No entry or walking or driving shall be allowed in the reserve since the sunset (twi light) to the sunrise (dawn), without the written permission from the warden if he/she has present, if the warden has absent then from the assistant warden and if both them has absent then of an employee assigned by the Government of Nepal.

19. Read (passing) privilege :

(1) The warden if he/she has present, if the warden has absent then the assistant warden and if both of them has absent then the employees assigned by the Government of Nepal may prescribe a road by putting sign board for the convenience (facility) of the general people for trekking, to make walk for the domestic animals or to drive the vehicles with in the reserve and the general people shall use only such road which has been prescribed by putting the sign board.
(2) No person shall be allowed to use other road in any conditions leaving the road prescribed by putting the mark, without the written permission from the officials prescribed in Sub-rule (1).
(3) Notwithstanding anything contained in Sub-rule (1) and (2) if it deemed appropriate to close any such road during the adverse season (weather) it may be closed till the weather has not been appropriate

19A. Fees to be paid :

The person desiring to perform the following activities within the reserve shall obtain (take) the permission as pursuant to Schedule – 4 by paying the fees as pursuant to Schedule – 1:-
(a) To Drive a vehicle,

(b) To take (enjoy) the service of a guide of the reserve,
(c) To cut the (Khar Khadai) straw grass.
(d) To carry domestic animal with himself /herself through the
convenient road as pursuant to Rule 19.

20. To submit vehicles or domestic animals, for taking an action after capturing it :

If any vehicle or domestic animal has been found driven or walked through the other roads except than the provided convenient road within the reserve as pursuant to these Rules, the warden if he/she has present, if warden has absent the assistant warden and if both has absent then the employee assigned by the Government of  Nepal shall submit it before the concerned officer for taking an action after capturing it.

21. May be arrested :

(1) The assistant warden, wildlife guard or other  employees of the reserve obtaining a warrant from the warden may arrest any person on the charge of violation of the Act or may search the goods or vehicles of such person.
(2) Notwithstanding anything contained in Sub-rule (1), the assistant warden, ranger or the wildlife guard up to the Subedar in rank may arrest the convict or may search his/her goods or vehicles even without a warrant in the situation that the convict has a chance to escape.

22. Concession to enter into the reserve for the Governmental  function :

Anything mentioned in these Rules shall not considered that it has been obstructing any employee of the reserve or any employee of any Government office to enter into the reserve at any time for implementing (conducting) any Governmental functions by the order of his/her own office or any other Government office.

23. Adjudicating officer :

(1) The warden shall have the power to adjudicate the cases of the offences under these Rules.

(2) Notwithstanding any adverse effect on the generality of the  Sub-rule (1), the power to adjudicate the cases of the following offences shall be on the assistant warden or ranger.
(A) If entered into the reserve without obtaining (taking) an admission card pursuant to Rule 4,
(B) If operated any activities (functions) against the clause (c), (d) or (e) of Rule 6,
(C) If killed or hunt the fishes or any other aquatic lifes without obtaining a permission pursuant to Rule 10,
(D) If posted or put sign board, notice, advertisement or posters in contrary to Rule 12,
(E) If played instruments in contrary to Rule 13,
(F) If produced or throw garbage contrary to Rule 14,
(G) If drive a vehicle contrary to Rule 16 and 17,
(H) If entered, walked or drive inside the reserve contrary to Rule 18,
(I) If performed any functions or activities contrary to Rule19

23A. Amendment in the Schedule :

The Government of Nepal if deemed necessary may make amendment in the Schedule by publishing a notice in Nepal Gazette.

About The Author

Leave a Reply

Your email address will not be published. Required fields are marked *